Cramer v. West Virginia Department of Highways

This appeal from the final order of the Circuit Court of Preston County (the “trial court”) presents the question of whether there was sufficient evidence to support the jury’s determination that the road in question was a public road. We believe the evidence was clearly insufficient for such a determination. We also believe the appellants’ motion for judgment notwithstanding the verdict should have been granted. Accordingly, we set aside the jury verdict and reverse the trial court’s final order.

I

The appellants, Donley Cramer and Lil-liam Cramer Wallace, and members of their family, have…